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Regulations of Jilin Province on Postal Affairs

Adopted at the 28th session of the standing committee

of the 9th People' s Congress of Jilin Province on January 18, 2002)

Chapter ¢ñ General Provisions

Article1. These regulations are formulated for the purposes of strengthening the work of postal affairs, normalizing the order of postal market, ensuring the postal work in regular progress promoting the development of postal career, protecting legal rights and interests of the state and users, adapting to the needs of socialist construction and people' s life, in accordance with the relevant laws and regulations such as the Law of the People' s Republic of China of Postal Affairs and in the light of the actual circumstances in this province.

Article2. The activities of construction, operation and administration of postal affairs within the administrative divisions of this province shall abide by these regulations.

The import and export international postal affairs shall be executed according to the provisions of the relevant laws and regulations of the state.

Article3. The provincial administrative departments of postal affairs shall be responsible for the administrative work of postal affairs within this province.

The municipal (prefectural) administrative departments of postal affairs shall be responsible for the administration of postal affairs within their own administrative divisions and within the authorized scopes empowered by the provincial administrative departments of postal affairs.

The relevant departments of the people' s governments at all levels shall, in accordance with their respective duties, do a good job of the administration of postal affairs.

Article4. The people' s governments at all levels shall bring the set-up of postal enterprises and their branches the construction of postal facilities into the urban-rural construction plans.

Article5. The postal enterprises should aim at providing universal postal services to the society, provide quick, correct, safe and convenient postal services for consumers.

Article6. The postal facilities belong to social public infrastructure. All the units and persons shall have the duty to protect the safety of postal facilities and post matters, and have the right to stop or inform against accusing the behaviors of destroying postal facilities and endangering the safety of post matters.

Chapter¢ò Plan and Construction

Article7. The administrative department of postal affairs shall be responsible for making up the professional program for postal affairs according to municipal overall program, after being by the administrative departments of municipal program, it should be reported to the local people' s government for approval and then enter into force.

The overall programs of villages and townships and the construction programs of villages and market towns shall include the contents of postal facility construction.

The developing areas, the industrial and mining areas, the tourist areas and communities of cities and towns shall plan and construct the facilities of postal service, the relevant departments shall provide convenience in respects of address selection and land taken-up.

Article8. Town office buildings, residential buildings and other perpetual public buildings shall be installed coordinately with standard post boxes (groups) or offices for incoming-outcoming mails, the expense costed shall be calculated in the cost of construction project.

If the residential buildings completed for inhabitants have not been installed with post boxes (groups) or offices for incoming-coutcoming mails according to regulations, the units of property right or the administrative units of rear service should install for supplement.

Article9. If the postal offices (agencies) or other postal facilites need to be removed because of municipal construction, the construction units shall negotiate with the administrative departments of postal affairs firstly, the removal shall be executed according to the principle of " arrangement first, then removal" under the prerequisite of offering convenient postal service for the society and not lowering the standards of postal service, and the removing units shall be responsible for the expense costed.

Article10. The post shall be responsible for the construction expenses if the post offices (agencies) are built up and financed by the construction units with the exception of said Article 9; If the post offices (agencies) are built up by the post enterprises themselves, the land price for the land occupied shall be executed according to the standards for the land used for municipal infrastructure.

Article11. As of the post pillar-boxes (boxes) or newspaper windows established according to the municipal program and the social needs by the post enterprises, used gratis; the expenses for the establishment of postal kiosks and the postal press kiosks shall be executed according to the relevant regulations of this province.

Chapter ¢ó Service and Guarantee

Article12. As of the newly-built enterprises, institutions and inhabitant dwellings, the administrative unites of rear service of the units or inhabitant dwellings shall go to the local post enterprises for going through the formalities for mail delivery and registration. If there is any change with the name or address of the units, they shall inform the local postal enterprises in a written form. The post enterprises shall begin to offer postal service within seven days since the date of going through the formalities for registration.

As of the users failing to be accessible by postal communication temporarily, the postal enterprises shall deliver the mails to the accessible mail-receiving agencies or post-office boxes which are agreed by the users.

Article13. The post enterprises shall establish evident signs at business sites, make the business time, service types and charging standards public, provide consultation services, and mark the frequency and time for collecting mails on post pillar-boxes (boxes).

The sites providing postal services shall be established in convenient places to users at comparatively big stations, airports, harbors, hotels and markets; the post enterprises shall provide the service of postal affairs.

Article14. The post enterprises and their staff members shall have the duties of keeping secrets of the mails, remittance and deposits posted by users, it is forbidden to provide the circumstances of making use of post affairs by users to other units and invdividuals besides the users; except as otherwise stipulated by laws and regulations.

Article15. The post enterprises and their staff members shall not execute the following actions:

(1)To seal off , conceal, destroy or throw away and steal mails, tear up the stamps, graft or claim the user' s fund as their own;

(2)To delay or lose mails;

(3)To refuse to deal with normal affairs;

(4)To stop providing postal service for users arbitrarily;

(5)To change the charging standards or charging items of post affairs arbitrarily;

(6)To compel users to utilize high-fee postal affairs;

(7)To transfer, lend, rent out post date-mark, post bags and special post symdols; and

(8)To make postal cars for transporting other goods except mails.

Article16. As of the letters posted by users, of which the envelopes or postcards don' t conform to the state standards, the post enterprises shall not receive and mail principledly. As of the letters unable to mail, they shall be returned to the sender by postal enterprises; those failing to be returned to the senders shall be treated as mails without whereabouts.

On the letters posted by users shall be written postal codes according to regulations.

Article17. If the town inhabitant dwellings are administered through rear services, the post enterprises can entrust the units of rear services to deliver the mails according to contracts on entrusted delivery.

Article18. When the dispatchers of the units accessible by postal communication receive the mails with receipts, they should check and verify without error, and seal and sign on the detailed list. If the mails with receipts are lost, destroyed or thrown away, or the postal remittance is fasely claimed as other' s own because of the dispatchers' fault, the relevant responsible persons shall bear compensatory responsibilities.

Article19. The mails received by user' s mistake shall be returned to postal enterprises within 3 days, or the receiver can inform the postal enterprises to take back; the mails sealed off by user' s mistake shall be returned to the post enterprises after being re-sealed and signed, and the contents of the mails sealed off mistakenly shall be kept secret.

Article20. The post enterprises shall accept social supervision over postal services and collect opinions from users regularly, and answer the reports and arraignment from users within10 days since the date of receiving them.

The administrative departments of postal affairs shall strengthen the supervision over the postal enterprises; as of the reports and arraignment against postal enterprises, they should answer within 15 days since the date of receiving the reports and arraignment.

Article21. The units such as railway, airline, road and water transportation shall guarantee the mails be transported first.

The railway station, airport, harbors and docks shall provide fixed places and passing roads for the post enterprises to transport mails.

Article22. The special cars of postal affairs shall be of uniform postal marks, it shall be examined and approved by the relevant competent departments if the postal cars with special postal marks need to pass through prohibited routes or stop at prohibited sections of an area.

When the special postal cars pass through the charged roads, bridges and tunnels for official business, they shall be reduced the related fees.

Article23. Any units or persons shall not act as follows:

(1)To move, destroy postal pillar-boxes (boxes), postal kiosks the postal press kiosks, letter-newspaper boxes and postal code plates;

(2)To illegal open or close the postal pillar-boxes (boxes) or throw wastes into postal pillar-boxes (boxes);

(3)To set up a stall or pile up things in front of the doors of post offices and their branches or around in-out passageways, thus hinder users from utilizing postal affairs or hinder postal cars from passing;

(4)To falsify or assume the special postal names and marks;

(5)To falsify the valuable bonds and cards of postal service;

(6)To provide illegal mail-order service with postal webs; and

(7)To stop the special postal vehicls (ships) illegally or to detain, seal off and check mails, and hinder the staff members of postal enterprises from providing corresponding services.

Chapter ¢ô Administration of Markets

Article24. The administrative department of postal affairs shall, according to law, administer the behavior patterns of the postal markets, stamp-wllecting markets, postal appliance and the affairs of imitatively printing the signs of stamps.

Article25. The following services shall be operated only by postal enterprises:

(1)The mailing and delivering of letters and other articles with the nature of letters;

(2)The selling of ordinary stamps and the making of stamp-collecting articles;

(3)The printing and issuing of booklets (atlases) and the materials of postal codes in other forms;

(4)The making, issuing and selling of valuable certificates and cards such as the certificates and cards of stamp collection;

(5)The booking and issuing of the press by means of postal service; and

(6)Other business operated by postal enterprisers only that is prescribed by laws, rules and regulations.

Article26. The print units undertaking the business of printing stamp designs imitatively shall begin with their business of printing stamp designs imitatively after being examined, verified and approved by provincial administrative department of postal affairs according to the authority empowered by the national administrative department of postal affair.

Article27. The units or persons, who want to open the markets of centralized business of the stamps and articles related to stamp collection, should posses the following conditions::

(1)Having fixed places for business;

(2)Having relevant funds and facilities;

(3)Being ready of detailed administrative rules;

(4)Having a certain quantity of administrative personnel; and

(5)Other conditions regulated by law, rules and provisions.

Article28. The units or persons, who open the markets of centralized business of the stamps and articles related to stamp collection, shall apply to the provincial administrative department of postal affairs and offer the following materials:

(1)The written appliance for opening the markets of centralized business of the stamps and articles related to stamp collection;

(2)The evidence for the applicant' s legal status;

(3)The appointment of the personnel charging the markets and their identification papers;

(4)Having the identification evidence of legally using fixed business sites;

(5)The administrative system of the markets of centralized business of the stamps and articles related to stamp collection; and

(6)Other materials prescribed by law, rules and regulations. As of those jointly opening the business markets stamps and articles related to stamp collection, they should provide in addition a writter agreement signed jointly by each of them.

Article29. The provincial administrative department of postal affairs shall make a decision to of examination and approval within 15 days since the date of receiving all the applicatant materials. As of those passing the examination, verification and being approved, the provincial administrative department of postal affairs shall award them the Permit for Opening Centralized Business Market of the Stamps and Articles Related to Stamp Collection, and the applicants can bring the permit to the local administrative departments of industry and commerce for a record, then begin with their business.

Article30. The units or persons holding the activities of the exhibit and sale of stamps and articles related to stamp collection shall, 30 days before the exhibit and sale, apply to the provincial administrative department of postal affairs for going through the report-approval formalities; after being approved by the provincial administrative department of postal affairs, the applicants shall take the relevant materials of approval to the administrative departments of industry and commerce at the locale of the exhibit-sale activities for a record according to law, and then begin with the exhibit.

Article31. The runners of the stamps and articles related to stamp collection, and the units or persons holding the exhibit-sale activities of the stamps and articles related to stamp collection shall be forbidden to go in for the following activities:

(1) To run the falsified or changed postage vouchers;

(2) To run the stamps and articles related to stamp collection which are prohibited by the state;

(3) To sell the postage vouchers ahead of their issue date;

(4) To run the articles related to stamp collection of which the manufacture has not been approved by the state or the provincial administrative departments of postal affairs; and

(5) Other running activities in violation of the relevant regulations stipulated by the state.

Article32. No units and persons shall run the business specialized by post enterprises unless those entrusted by post enterprises.

The units providing the service of express delivery shall be registered according to law by the administrative departments of industry and commerce and shall go to the administrative department for record within 15 days since the date of registration, and then begin with the business.

Article33. The enterprises producing the envelopes for express delivery shall report to the state administrative department of postal affairs for examination and approval after the being agreed with by provincial administrative department of postal affairs.

The enterprises producing postal articles such as envelopes, postal cards, boxes for postal parcels and letter-newspaper boxes shall apply to the provincial administrative department of postal affairs for the certificates of production supervision. The enterprises of applying for the certificates shall possess the following conditions:

(1)Having the business license;

(2)Having the qualified report on quality examination awarded by the quality inspection institutions at the province level; and

(3)Other conditions prescribed by law, rules and regulations

The provincial administrative department of postal affairs shall make a decision within 10 days since the date of receiving the application materials and the examination report.

Article34. the executive post staff shall have the power to check and supervise the units producing and operating postal goods.

Chapter¢õ Legal Responsibilities

Article35. As of those failing to establish standard letter-newspaper boxes (groups) or offices for incoming-outcoming mails that ought to be installed, and of those pulling down to remove the postal offices (agencies) or other postal facilities arbitrarily in violation of the stipulations of said Article 8 and Article 9, the administrative department of postal affairs shall demand the responsible units to correct and stop the illegal behaviors in a time limit, and the responsible unit' s should bear the expenses for the measures adopted by the departments of postal affairs to solve the problems of user' s postal demands.

Article36. The competent persons and direct responsible persons, who are in violation of the stipulations of said Article15, shall be given disciplinary sanctions by the administrative departments of postal affairs.

Article37. Those in violation of the stipulations of said Article 23 Sections 1,3,7 shall be punished by relevant departments according to relevant provisions of the state; those in violation of the related provisions on the administration of public security shall be punished by the public security organs according to the Regulations of the People' s Republic of China on Public Security Penalty. As of those in violation of the stipulations of said Article 23 Section 4, the administrative departments of postal affairs shall impose them a fine of RMB£€50 to 1500 and shall expropriate the relevant goods.

Article38. As of those in violation of the stipulations of said Article 25 Section1, and arbitrarily running the business of delivering letters and other articles with the nature of letters, the administrative departments of industry and commerce shall demand them to return the letters received, other articles with the nature of letters and the postage charged to the senders, and shall impose a fine of RMB£€5,000 to 20,000.

Article39. As of those in violation of the stipulations of said Artilce31 Section1, the administrative departments of postal affairs shall impose them a fine of RMB£€1,000 to 5,000.

Article40. As of those in violation of said Article 32, and failing to go to the administrative departments of postal affairs for record, the administrative departments of postal affairs shall impose them a fine of RMB£€3,000 to 5,000.

Article 41. As of those in violation of said Article 26 and arbitrarily undertaking the business of printing stamp designs imitatively, the administrative department of postal affairs shall demand them to correct in a time limit and expropriate the illegal profits and goods and shall impose them a fine of RMB£€1,000 to 5,000.

Article42. As of those in violation of the stipulations of said Article29 and arbitrarily opening the centralized business markets of the stamps and articles related to stamp collection, the administrative departments of postal affairs shall expropriate the illegal profits and shall impose them a fine of RMB£€5,000 to 10,000.

Article43. Where the administrative departments of postal affairs and the staff members of post enterprises abuse their authorities, ignore their duties and indulge in maltipractice, disciplinary sanctions shall be imposed on them by their work units or superior competent departments.

Article44. Where a crime is constituted, they shall be investigated for criminal responsibilities by the judicial organs.

Chapter ¢ö Supplementary Provisions

Article45. The following terms in these regulations mean:

(1) Mail: means the articles of letters, prints, postal parcel, notices of remittance, newspapers and magazines delivered through post enterprises;

(2) Letter: means letters and postal cards;

(3) Articles with letter' s nature: mean the information carriers transmitted through the methods of signs, picture images and sound etc. Which include books, newspapers, magazines and materials printed with the word " inner" , and the audio-video products, computer information intermediaries with the contents of corresponding and the others with letter' s nature promulgated by the state administrative department of postal affairs.

(4) Mail with receipt: means registered letters, postal parcels and insured mails etc, which and their branches shall be given receipts when they are sent and the receiver shall be demanded to sign for receiving.

(5) Express mail delivery (also named as :emergent, fast delivery service and express delivery service): means the running activities that the runners are, entrusted by senders to deliver the goods to receivers, or entrusted by post enterprises to deliver letters and other goods with letter' s nature, to receivers in the time limit promulgated by the state administrative competent department of postal affairs via the settlement and conveyance of postal network.

Article46. These regulations shall enter into force on March 1,2002. The Regulations of Jilin Province on the Administration of Communication adopted by at the 28th session of the standing committee of the seventh People' s Congress of Jilin Province on May 10th, 1992, shall be abolished as of the same date.